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G. Final Compensation for Pension Calculation. Final compensation for Classic <br />Miscellaneous Members will be based on the highest annual average compensation <br />earnable during the 12 consecutive months immediately preceding the effective date of <br />their retirement, or some other 12 consecutive month period designated by the member. <br />Final compensation Miscellaneous Members who are defined as New Members under <br />PEPRA will be based on the highest annual average compensation earnable during the <br />36 consecutive months immediately preceding the effective date of their retirement, or <br />some other 36 consecutive month period designated by the member. <br />H. Deferred Retirement for Classic Miscellaneous Members as defined in Section D <br />(above). The City will continue to make payments to CalPERS on behalf of each eligible <br />affected employee in an amount necessary to pay one hundred percent (100%) of each <br />employee's member contribution and report it to CalPERS as special compensation <br />[Government Code §20636(C)(4)]. This contribution is known as Employer Paid <br />Member Contribution (EPMC), which is equal to eight percent (8%) of reportable <br />compensation for Classic Miscellaneous Members. Such payments will be credited to <br />the individual employee's CalPERS account. <br />Such payments are not an increase in base salary and no salary rate range applicable <br />to any of the employees covered by this Resolution will be changed or deemed to have <br />been changed by reason thereof. As a result, the City will not treat these payments as <br />ordinary income and thus will not withhold federal or state income tax from said <br />payments. The City previously received a ruling from the Internal Revenue Service <br />confirming that such payments are deferred compensation and not ordinary income. In <br />the event that the City receives a new ruling from the Internal Revenue Service that <br />such payments are ordinary income of the employees instead of deferred <br />compensation, the City's obligation to make such payments will discontinue and in place <br />thereof the reportable compensation of each Classic Miscellaneous Member eligible for <br />the 2.7% at 55 Benefits Formula will be increased by eight percent (8%). <br />For the purpose of reporting an employee's compensation to CalPERS, the City will <br />include these payments as if they were a part of the employee's reportable <br />compensation. <br />Section 8. Tuition Reimbursement <br />Unrepresented Confidential Management employees are eligible to participate in the <br />Training and Education Assistance Program provided for all regular, full-time employees <br />of the City. Reimbursement will be based on the cost of tuition, required <br />enrollment/registration fees, miscellaneous fees (health, parking, student union fees, <br />etc.) and all required texts, eBooks and related material for each course. Maximum <br />tuition reimbursement will be paid the same amount as available to represented SAMA <br />members. <br />6 1 P a g e <br />